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My mom died at her workplace security didn't do CPR nor use the Defibrillator can I sue her Job

Midlothian, VA |

She had a heart attack but when she collapsed security came and they put an Ice pack in the back of her neck No CPR no Defibrillator they basically watched her die E.M.T came and tried to revive her but since he went so long without oxygen that it was hard once we got to the hospital doc aid heart is fine beating on its on their concern was her brain she went almost 14 minutes without oxygen. she was in a coma and the doctors pronounced her Legally Brain Dead and there wasn't anything they can do so my family pulled the plug what can I do and is there a limit on how long I can file this happen in 2011

She did have congestive heart failure and applied for ssi but she had to wait for the process that would take 6 months she passed a month after she filed she was denied before and re applied. Also she tried calling in saying she wasn't feeling well her manager told her to come in so My mom went to her job in fear of losing her only income her job, When they did her death certificate they put that she died cause a heart failure something like that but the doctor said her heart was fine beating on it own they was just worried about her brain since she gone so long without oxygen. I feel like the security is responsible for her death had they given her CPR or use the Defibrillator my mom will still be here she was only 49 her Partner at the time was working for her my mom called her to the back to tell her she needs assistance my moms partner went to security and they took 10 minutes to respond to my mom all the while her partner was attempting to do CPR because they wasn't doing it

Attorney Answers 2


Sorry to hear about your mother's passing. Since she collapsed at work it is a tricky situation because worker's comp. could be involved if her job caused her heart attack. If her job did not cause her heart attack then you could potentially have a case against her employer, and you should talk to a local personal injury attorney. However, if her job caused the hart attack then worker' comp. would apply and you could not sue her employer.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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Two years from the date of the incident a Virginia Medical Malpractice case must be filed.If it was a private security company we may be able to get around Workers Comp and have third party liability.It does appear to be a claim that our Virginia Medical Malpractice attorneys would review .

Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm

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